| People v DeLarosa |
| 2023 NY Slip Op 04726 [219 AD3d 1230] |
| September 26, 2023 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Adilson DeLarosa, Appellant. |
Caprice R. Jenerson, Office of Appellate Defender, New York (Alexandra Ricks ofcounsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Anna Notchick of counsel), forrespondent.
Judgment, Supreme Court, New York County (Curtis J. Farber, J., at plea; Steven M.Statsinger, J., at sentencing), rendered March 29, 2019, convicting defendant, upon hisplea of guilty, of criminal possession of a weapon in the second degree, and sentencinghim, as a second violent felony offender, to a term of 10 years, unanimouslyaffirmed.
Defendant did not preserve his Second Amendment challenge to his convictionunder Penal Law § 265.03 (3) based on the United State Supreme Court'sdecision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US&mdash, 142 S Ct 2111 [2022]), and we decline to review the claim in the interest ofjustice (see People vAdames, 216 AD3d 519, 519-520 [1st Dept 2023]). As an alternative holding,we find that on the present record, defendant has failed to establish that Penal Law§ 265.03 (3), or his conviction thereunder, was unconstitutional.
We perceive no basis for reducing defendant's sentence.Concur—Manzanet-Daniels, J.P., Mendez, Shulman, Rosado, O'Neill Levy,JJ.